Section 355 | Deductions for corresponding payments by qualifying new resident employees with foreign employers

(1)An employee may make a claim to the Commissioners for Her Majesty’s Revenue and Customs under this section if conditions A to D are met.^F1

(2)Condition A is that the employee is a qualifying new resident for the purposes of Chapter 5C of Part 2 of this Act or Chapter 5 of Part 8 of ITTOIA 2005 (see section 845B of that Act).^F2

(3)Condition B is that the employment is with a foreign employer.

(4)Condition C is that the employee has made a payment out of earnings from the employment.

(5)Condition D is that the payment does not reduce the employee’s liability to United Kingdom income tax, but was made in circumstances corresponding to those in which it would do so.

(6)If the Commissioners are satisfied that conditions A to D are met, they may allow the payment as a deduction under this Chapter.^F3